Bismillah al-Rahman al-Rahim, al-hamdulillah wa-l-salat wa-l-salam 'ala
Rasulillah.
In reply to the following two questions, the following is my answer:
“I wanted to ask you two quick questions.
1. Some modern scholars such as Taqi Othmani
and Sheikh 'Abd al-Wakil al-Durubi (via
Sheikh Nuh in The Reliance)state that there is
consensus (ijma') that one of the conditions
for khuff or whatever takes its place is that
it be waterproof. Yet in Minhaj al-Talibin
there is a statement that the asahh is that
water not penetrate it. Doesn't the existence
of such a phrase in such a book negate these
claims to ijma'? The mufta bihi of the
Hanabila--and not just Ibn Taymiyya--is that
being water proof is not a condition, although
there is a condition that it be thick enough
that it is impossible to discern the underlying
hair and skin.
2. Some people have quoted from Habib 'Ali (he
was just here on his first ever trip to Syria)
that according to the Shafi'is, the beard is only
that which grows on the chin so [? to be deleted I think]
and so there is no karaha in shaving everything
else. My sheikh for Shafi'i fiqh does not agree
with this, and he said that several of the
Yemeni Shafi'is that he has met disagree with
what is being quoted from Habib 'Ali. One of
the proofs for this is something that Imam
al-Nawawi quotes from Imam al-Ghazali in
Al-Ihya, quoted from Qut al-Qutulub [al-Qulub; by Abu Talib al-Makki]
regarding several things that are disliked with
the beard. They include taking too much or leaving
too much, which is explained to mean shaving the
head and taking too much of the beard with it or
leaving too much of the beard. These two scenarios
can only be understood if the sideburns ('aridan)
are included as part of the beard.
You're probably as burned out on beard question
as I am on sock questions.”
I. As for the socks:
There is no consensus or Ijma' among the fuqaha' of the Muslims that one of
the conditions for khuff [wiping footgear as a substitute to washing the
feet during wudu'] is that it be waterproof [mani'an min nufudh al-ma']. On
the other hand, there is khilaf among the four schools whether the khuff
should be waterproof. It is a well known fact that our school (the
Shafi'is) and the Hanafis specify that waterproof be a valid condition
[shart sah] for khuff, and as you are already rightly aware, the Hanbalis
(and the Malikis too) do not specify this condition. In fact, Dr. Wahbah
al-Zuhayli, in his modern classic work on 'ilm khilaf, the Fiqh al-Islam
wa-Adillatuh, when discussing the conditions for khuff, divides his
discussion into:
(a) those conditions which are agreed upon by all fuqaha' (and there are
only three: (1) that one has Wudu' when one first puts them on (i.e., kamal
al-tahara), (2) that they are free from impurities [Najasa] and cover the
whole foot that needs to be washed during Wudu' (i.e., tahir and satir),
(3) that one can use it to continue walking around as usual (i.e., mutaba'a
al-mashy)), and
(b) those conditions not agreed upon by the jurists, and he lists the
Shafi'is and Hanafis pre-condition of waterproof as belonging to the
latter. [al-Zuhayli, Fiqh al-Islam, 1:486]. (It should be noted here,
however, that al-Zuhayli's work is not to be relied upon as a work of fiqh,
despite its title, because, as any serious students of fiqh should know, a
work on 'ilm khilaf [comparative fiqh], not 'ilm fiqh, should not be
relied upon to get the qawl mu'tamad [reliable position] of any school.
Instead, works on 'ilm khilaf (past classics such as the Maliki Ibn Rushd's
Bidaya al-Mujtahid, or our own, the Shafi'i al-Qaffal's Hulya al-'Ulama')
are useful consolidated reference tools; they are almost always used by
scholars of a particular fiqh to find the positions of the other schools,
and should not be used by the 'awwam such as what is prevalent today.)
In fact, the legal basis ['illa] behind the Shafi'is stipulating a
condition for waterproof, is that, it is an extension of the third
condition (mutaba'a al-mashy), that it be durable enough to keep walking
around as travellers, as the Fath al-Qarib makes clear: "It can be
understood from the author's statement [i.e., the third condition for
wiping the khuff, stipulated by Qadi Abu Shuja', that is, mutaba'a
al-mashy] that they [i.e., the footgear] must be strong so as to prevent
water from penetrating [the foot]" [al-Bajuri, Hashiya, 1:84].
I do not know how and where to verify Mufti Taqi Usmani's statement (if
he really said that the waterproof pre-condition is "Ijma'" (note however
that scholars of Usul do differentiate between Ijma', Ittifaq and Jumhur;
so maybe what he meant was Jumhur or Ittifaq, but not Ijma', if not), then
he is off the mark), but I have verified Shaykh al-Durubi's statement in
his Commentary to Ibn Naqib's 'Umdat al-Salik, the Reliance of Traveller,
which is in English, and it does not amount to your statement, "that there
is consensus (ijma') that one of the conditions for khuff or whatever takes
its place is that it be waterproof." Instead, what Shaykh al-Durubi is
suggesting there, by agreement [Ittifaq] of all four schools (which is not
necessarily Ijma'), is that 'modern dress socks' are not valid substitutes
for khuff: "al-Durubi: not modern dress socks (Shaykh Nuh Keller: due to
non-[waterproof] and [non-durable] above), which are not valid to wipe in
any school, even if many are worn in layers." [Ibn Naqib, Reliance, 69
(e6.4)]. For this statement by Shaykh al-Durubi is sound, since 'modern
dress socks' are according to him not valid according to the Hanbali school
(for he understood that the 'modern dress socks' [jawarib haditha] do not
meet the condition of 'mutaba'a al-mashy'; however it has to be pointed out
here that the Hanbalis do hold the most lenient position in this issue and
perhaps unique, for al-Zuhayli for instance, related that Shaykh Jamal
al-Din al-Qasimi, a contemporary Hanbali jurist, allowing 'modern dress
socks' even when they are not thick [al-Zuhayli, Fiqh al-Islam, 1:483, n.
2]; it could be that there is further khilaf among the Hanbalis and it
would be best, for us, at this point, to defer this issue with Hanbali
specialists: remembering of course, that if al-Durubi's statement turns out
to be inaccurate (if indeed, by the methods and rules of the Hanbali school
and confirmed by their living authorities that their Mufta Bi-hi position
is to allow jawarib haditha, then), he can immediately be overlooked since
he was a Shafi'i scholar, not a Hanbali) and the Maliki school (for it not
being a leather), and obviously not valid according to the Shafi'is and
Hanafis (as Shaykh Nuh makes clear, for it not being waterproof). If we
remove the qualification found in-between the brackets, then I am sure that
it will be clear to us that Shaykh al-Durubi did not mean to say the
condition of being waterproof is agreed by general consensus of the Muslims
[Ijma' al-Nas].
What is usually said of Ijma' concerning the khuff, by scholars of Ahl
Sunna wa-l-Jama'a, is the permissibility [Mubah] of wiping the khuff as a
substitute for washing the feet during wudu' (and according to the
Shafi'is, this is a Rukhsa or dispensation, and to wash the feet is better
and afdal (as long as one does not doubt its permissibility or wishing
thereby to go against the Example or Sunna of our blessed Prophet, may
Allah bless him and grant him peace!); al-Bajuri, Hashiya, 1:83), since the
Ahadith that has come down to us regarding wiping the khuff are Mutawatir
(stronger than Sahih), and, as is related by Imam Ibn Hajar, some Hanafis
even go as far as to say, those that deny wiping the khuff, are feared to
be unbelievers. [Ibn Hajar, Tuhfa, 1:397]. That explains why the great
Maturidi theologian and Hanafi jurist, Imam al-Nasafi, mentions in his
'Aqida (to distinguish from the Shi'is and the Khawarij):
"wa-narA l-masHa 'alA l-khufayni fI s-safari wa-l-HaDari"
[we approve [i.e., we believe in] the wiping of [one's] footgear [both
when] on a journey and at [one's] home].
[Majmu'a al-Hawashi al-Nasafiyya,
1:202].
So the Ijma', as recorded by the Imam al-Mujtahid, Ibn al-Mundhir, in his
well-known Kitab al-Ijma', is the permissibility of wiping the khuff, not
its detail that it be waterproof [Ibn al-Mundhir, al-Ijma', 34 (no. 14)].
The statement of Imam al-Nawawi in the Minhaj ("a fabric [mansuj] that does
not prevent water will not suffice, according to the More Correct Position
[Qawl Asahh]"; Tuhfa, 1:411) is already a clear indication that there is
khilaf in our school concerning the discussion of 'waterproof', and it
certainly cannot be Ijma' as understood by Usuli scholars. Both teacher and
student, Imams al-Haramayn al-Juwayni and al-Ghazali, do not make it a
condition that the khuff be waterproof, and moreover, in the Majmu', Imam
al-Nawawi relates that this is also the early position [Qawl Qadim] of our
Imam al-Mujtahid, al-Shafi'i (may Allah be pleased with him!). [al-Nawawi,
al-Majmu', 1:569; cf. idem, Rawda, 1:160]. Despite the khilaf, the final
and practiced position of the Shafi'iyya is that the material of the khuff
must be 'strong enough' so as to be waterproof (and even if water reaches
the foot through the Mahall al-Kharaz, the holes of stitches, it is
sufficient).
II. As for the beard:
Any Shafi'i fiqh students, who have studied the Fath al-Qarib, Fath
al-Mu'in and Fath al-Wahhab (the 3 most important manuals that are usually
taught in a systematic Shafi'i curriculum and school) should know the
definition of a beard [lihya; not with a fatha, since 'lahya' are the
jawbones and is one of the technical terms used when defining the areas of
al-fard, namely that which is included in the washing of the face during
the wudu']. The lihya is: "that which grows on the chin" [a famous phrase
from the Fath al-Mu'in: wa-lihyatin wa-hiya ma nabata 'ala al-dhaqani;
I'anat al-Talibin, 1:50]. Indeed, according to the well-established
technical vocabulary of our school, the lateral hairs ['aridan] are not
considered to be part of the lihya (as the matn of the Fath al-Mu'in, for
example, continues to make it unequivocally clear such as when it goes on
to define the sideburn or 'arid, anew, and being clearly different from the
definition of the beard or lihya above: "the 'arid [whiskers at the side of the face, or for lack of a better term, "lateral hair" or "side hair" of the face which will include "jaw hair" (and including, of course, any "cheek hair" - if it grows genetically that high) or I suppose, another English term maybe sideburns - if this term can accommodate all of these facial hair] is that [of the facial
hair] which goes down to [meet] the beard." [Ibid.]). The only thing in
common between the lateral hairs and the beard in our school, is that the
lateral hairs are treated like the beard in their hukm of washing the face
during wudu': if it is khafifa [thin], then, its inner and outer hair and
skin beneath must be washed; if it is kathifa [thick], then, it is only
obligatory to wash the outer hair but only Sunna or recommended to do
takhlil [to comb it with one's wet fingers].
Given that the Qawl Sahih [Sound Position] of Imam al-Nawawi (al-Nawawi,
al-Majmu', 1:357-358) which is also the Qawl Mu'tamad [Relied Upon
Position] in our school (I'anat, 2:386; this, despite when the author of
the Fath al-Mu'in followed the weaker opinion, Sayyid al-Bakri immediately
makes known the well-accepted position), that shaving the lihya is only
Makruh, and not Haram, the statement made by Habib 'Ali of Dar al-Mustafa,
Tarim, is completely justified and free from any blame. Indeed, there is no
karaha or dislikedness in shaving the lateral hairs or anything else that is
not included to be part of the lihya, defined by our jurists. There is no
where more clearer than what can be found in the Fatwa of Imam al-Ramli,
one of the principal late figures of the Shafi'i school:
"Question: Is it Haram to shave and trim the [hair of the] chin [dhaqan;
i.e., what is meant here is of course, the 'hair of the chin,' that is to
say, the beard; notice that Imam al-Ramli purposely used the phrase,
'dhaqan' in the question (and not 'lihya') but used 'lihya' in his
answer--this is to prevent any ambiguity arising from what is meant by the
word 'beard']? Answer: To shave and trim the beard [lihya] of a man is
Makruh, and not Haram. Whereas the statement of [Qadi] al-Halimi [a
predecessor of Imam al-Ghazali, a Shafi'i Qadi and Muhaddith in Bukhara; d.
403 H/1012] in his Minhaj [fi Shu'ab al-Iman, (note, not a work of fiqh)
that] 'it is not permissible for anyone to shave off his beard and
eyebrows', is a Weak Position [Dai'f]." [al-Ramli, Fatawa, 4:69].
The text of the Ihya' (which is not a fiqh work, but a work on adab and
tasawwuf, that usually presents rulings stricter than the official Shafi'i
positions - for reasons following the way of Wara' and scrupulousness out
of piety, taking the way of caution and leaving the rukhsa and
dispensations), in this case, does not, in the end, depart from the minimum
legal position that shaving the beard is Makruh. In fact, al-Ghazali,
caused a stir amongst our jurists when he presented a more lenient ruling
such as when he said that it is permissible [Mubah; in that, it is not
Makruh] to trim the beard for the sake of 'keeping up appearances' (while
the position of our school is still, shaving or trimming the beard in any
way, is Makruh):
"The directive here [of Ibn 'Umar and a group of the Tabi'in, which
al-Sha'bi and Ibn Sirin consider good [meaning Mandub or recommended], that
there is no harm in a man grasping his beard with his hand, and whatever
exceeds that, he cuts] is more accurate [qarib; as opposed to the opinions
of al-Hasan al-Basri and Qatada (may Allah be pleased with all of them,
notwithstanding their khilaf!) (which is the position of the Shafi'is) that
it is unconditionally Makruh to trim the beard, even if it is longer or
lesser than what some say to be the minimum, that is, a 'handful'] if* it
does not lead to cutting off the beard [completely] and rounding it off the
sides [i.e., a clean-shaven face]. Because [read "fa'-ta'lil" here because
of "inna"] [the resulting] excessive length may make the appearance ugly,
and may incite backbiters with ridiculing him, then, there is no harm [if
the beard is trimmed] in accordance with this intention, [that is] to guard
against (the excessive length that may make the appearance ugly).
[al-Ghazali, Ihya', 1:168].
* "if" is understood as "when at the same time," because the conditional
particle, "in-shartiyya" is read like "idh-zarfiyya" or "idha" here.
For this reason, al-Nawawi (in the Majmu', above) and Ibn Hajar,
immediately corrected al-Ghazali and reaffirmed the well-accepted
Shafi'iyya position, that is, to remove the beard in any way, even if a
little, is Makruh. That is why Ibn Hajar says in the Tuhfa: "Whereas the
claim [i.e., made by al-Ghazali], then, that 'it makes the appearance ugly'
[and therefore it is not Makruh to trim the beard for this reason] is
rejected [mamnu']. On the contrary, what is ugly [mushawwah] is to abandon
its maintenance by [not] washing and oiling." [Ibn Hajar, Tuhfa, 12:303].
Given that the Shafi'i school has the most lenient fiqhi position regarding
the beard (in that it is not Haram to shave it off, even completely (but
like leaving the khuff, above, it becomes Haram when one does this,
intending to go against the Prophetic Example or thinking that the sunna of
the non-Muslims is superior to ours), unlike the Hanafis, for instance,
that to trim the beard when it is less than the minimum is Haram), our
Imams stress the 'unconditional' nature of the dislikedness in trimming the
beard; and because of the absolute Makruh, our school does not strictly set
a minimum limit for the beard. This explains why scholars like al-Nawawi
and Ibn Hajar, consider the opinions of those setting a minimum limit for
the beard (such as al-Ghazali and later on, the Mufti of Zabid, al-Ashkhar
(d. 903 H/1497), who followed one of Imam al-Adhra'i's conflicting
opinions, set the minimum limit of the beard to be the throat or the
'handful', which basically means that what grows beyond the 'handful' or
the 'minimum limit', so to speak, is no longer considered Makruh to cut off
[Ba 'Alawi, Bughya al-Mustarshidin, 20]) to be even more lenient than what
is already a lenient position vis-a-vis the four schools of fiqh. That is
why the position of the school remains that it is unconditionally Makruh to
trim or shave the beard in any way.
As from your statement, "They include taking too much or leaving too
much, which is explained to mean shaving the head [? - this explanation, I'm
sure, is not what was meant] and taking too much of the beard with it or
leaving too much of the beard. These two scenarios can only be understood
if the sideburns ('aridan) are included as part of the beard," the
explanation and the inference made that the beard includes other than that
which grows on the chin, is, I am afraid, wrong (mamnu'; for reasons that
will be made clear below, but most important of all is, what is found in
the Ihya' is not a hukm fiqhi or legal judgement). Al-Ghazali goes on to
say (this is the point where Imam al-Ghazali begins to selectively borrow
from the Qut al-Qulub of Abu Talib al-Makki):
"Al-Nakha'i (may Allah be pleased with him!) said: "I am amazed at why a
reasonable man whose beard is long does not cut it off, and make it
'between two beards' [i.e., a majaz or figurative expression to mean 'a
beard that is not too long and not too short'], for moderation is good in
everything." For this reason, it is said: "The longer the beard, the
smaller the mind."" [Ihya', 1:168; cf. al-Makki, Qut, 3:361].
The 'taking too much or leaving too much' from the beard or more
appropriately, the 'avoiding its being too long and its being too short'
scenario appears only in this metaphor of al-Nakha'i, still, not, as you
thought, in the Qut al-Qulub part VIA al-Ghazali's Ihya', which discusses
the ten Makruh (note, still not Haram) practices relating to the beard.
Instead, what appears in that latter part, contradicts the 'avoiding its
being too long and its being too short scenario', since there, al-Ghazali
was actually saying: to exceed (ziyada) the beard (and no mention of naqs
or reduction here, in spite what was originally written by al-Makki) beyond
'its limit' is what is in fact Makruh (and incidentally, there is already
mention of lateral hairs here):
"The seventh [practice that is Makruh concerning the beard] is: allowing it
to exceed [ziyada; notice al-Ghazali kept the verb 'zada yazidu ziyadatan',
and did not replace it with tawfir (to let grow) or i'fa (to keep or leave
it alone), while ziyada has also the meaning of to add or make addition of
something to something else]. That is to say, to exceed the lateral hairs
[growing out] of the temples [in fiqh, this is technically known as the
'idhar], namely, [that it grows] from the hair of the head until it goes
beyond the jawbones and reaching ultimately to halfway down the cheeks.
This [to allow the 'excesses' of the 'beard'], is inconsistent with the
state of the people of righteousness [i.e., the Pious Predecessors or the
Salaf]." [Ihya', 1:170]. (This circumstance can be seen clearest when the
head is shaved and if that person is genetically able to grow the lateral hairs
and the 'idhar; in the published version of this answer, there will be an
illustration, insha' Allah!)
It should be mentioned here (without, I hope, making it complicated, or
'surprising'), that al-Ghazali had, in fact, edited the original words of
Abu Talib al-Makki. Al-Makki, for example, originally mentions that among
the disliked practices relating to the beard, is to exceed it and to be
deficient of it (in other words, defining the maximum and what is less than
the minimum limits of the beard, according to al-Makki (whose tariqa in
fiqh was not Shafi'i, but Hanafi):
"Among this [from the 12 Makruh (not the 10 like in the Ihya') practices
relating to the beard] is its deficiency [nuqsan] and excess [ziyada]. That
is to say [the excess is], to exceed the lateral hairs [growing out] of the
temple [bones] from the hair of the head until it goes beyond the jawbones,
and that is the limit [hadd] of the beard. Or, the deficiency of the beard,
is to be deficient [by omitting, not letting it grow, or trimming it] from
the jawbones to halfway up the cheeks, and that is similar to (the hukm of
exceeding the beard)." [al-Makki, Qut al-Qulub, 3:357].
So it should be clear to us by now that the words of al-Makki's Qut
al-Qulub have been carefully and purposely emended by al-Ghazali, and in
the edited version (which we can now say, al-Ghazali's own words),
al-Ghazali does not define the lateral hairs to be a part of the beard. (In
particular, the absence of al-Makki's original words, wa-dhalika huwa haddu
l-lihyati [and that is limit of the beard], is telling.) That is why
al-Ghazali does not mention his source here (that it is from the Qut
al-Qulub), and specialists on Ghazalian studies will be able to confirm
that this is the usual practice in almost all of al-Ghazali's works: not to
mention the source when the carefully edited portions of the source text
makes subtle but crucial departures from the original author. The fact that
al-Ghazali's emended discussion is now about the dislikedness of letting
the 'beard' grow (not to mention the conspicuous omission of al-Makki's
'nuqsan'), should, for Shafi'is, be a clear indication that he is not
talking about the 'conventional' beard (i.e., that which grows on the
chin); because the alternative would mean that it will not be Makruh to
trim off the beard. This is the removal of your obstacle [zawal al-mani',
Amin]! Moreover, even if one wanted to push the boundaries of Arabic majaz,
of al-Nakha'i's 'between two beards' to include the lateral hairs as a part of
the beard, then one must remember that this still does not amount to a
legal definition [hadd] of lihya, for neither the Ihya' nor the Qut are
works of fiqh. In fact, rhetorical and figurative devices (found aplenty in
works like the Ihya') are not a normal feature of fiqhi literature. Rather,
fiqhi works are supposed to be 'sober' and 'dry' so that it should be
crystal clear in order to leave no room for confusion, since the 'minimum'
legal rulings are what are sought for from these works, as any beginner
students of Fiqh who are familiar with the Mawdu' [subject-matter] of 'ilm
fiqh, knows that it concerns "the actions of the Mukallaf [legally
responsible person] in which the [five] legal rulings are presented to
them." Failing that, we have the shuruh [commentaries] and the hawashi
[super-commentaries] to shed light upon anything that seems unclear in the
matn [main text]. (We can already see that the style of al-Ghazali's works
on 'proper' fiqh like the Wajiz and Wasit differs considerably from the
style of the Ihya' and his other popular works.)
In the fiqhi literature, we find for example, Sayyid al-Bakri confirming
that al-Ghazali followed the majority [Jumhur; Shafi'i] opinion, in that it
is Makruh to shave or trim the beard. [I'anat, 2:386]. (Al-Ghazali's two
surviving works on fiqh, the Wajiz and Wasit, the Short and Middle
Abridgement of his teacher's massive commentary on the Mukhtasar of Imam
al-Muzani, al-Juwayni's Nihaya al-Matlab, do not have a discussion on the
beard; his Longest Abridgement, the Basit, is not extant in full and as far
as we know today, only fragments of this work survives in manuscript
form--and it is in the interest of Shafi'i scholars worldwide to seek out
this lost treasure! His shortest work on fiqh, the Khulasa (al-Ghazali's
own abridgement on al-Muzani's al-Mukhtasar), which fortunately survives,
but unfortunately, the 100 folios of handwritten manuscript remains
unedited in the Sulaymaniyya Library at Istanbul (MS Sulaimaniye 442; for
which the author has a copy of it), too, does not discuss the beard. As for
his earliest 'work(s)' on fiqh, the Ta'liqa fi Furu' al-Fiqh al-Shafi'i -
which is lost - was never published by him.)
Furthermore, unlike the khilaf whether it is Makruh or Haram to shave the
beard in the first place, there is no khilaf in our school regarding the
definition of the beard that includes other than 'what grows on the chin';
otherwise we will have to find in places where the hukm of trimming the
beard is discussed (either in Bab 'Aqiqa or Siwak), a qualification saying
that the lihya also includes the 'aridan (for which there is no such
precedent). Imam al-Ramli's unequivocal fatwa above is the standard qawl
used by any Shafi'i teachers to dispel the notion that the lateral hairs are a
part of the beard. So with all due respect to your Shafi'i teachers, their
objections to Habib 'Ali's statement that "there is no karaha in shaving
everything else [other than what grows on the chin]", is either:
(a) with the hukm of Makruh or dislikedness for shaving the beard itself, or
(b) with the definition of a beard that includes other than what grows on
the chin.
If it is with the latter, then their objection has to be off the mark,
since that understanding of the beard, as such, is alien to our school, and
if they were teaching the Fath al-Mu'in, for example, they would surely
know this fact. If it is with the former, then your teachers are following
the Qawl Marjuh or the alternative position (in fact, strictly speaking, it
is the Qawl Da'if or the Weak Position) of the school in saying that it is
Haram to shave the beard (which only a minority of Shafi'i jurists adopted
this position such as, the most cited one was Qadi al-Halimi above; and
even with this stricter hukm, it is only what grows on the chin).
(Normally, one is not allowed to follow the weak position, except if it is
for personal practice [li-'amal nafsih], and if it is not for taking
rukhsa--in fact, in this case, it is leaving a rukhsa in view of adopting
the more strict or 'azima position.) Despite this, the relied upon fiqhi
opinion for the Shafi'is, for 'amma (public) as well as khassa (scholars),
by living (such as Habib Zayn Ibn Sumayt al-Madani) as well as those
recently moved-from-this-world authorities (such as, the well-known Musnid
al-Waqt, Shaykh Muhammad Yasin al-Fadani al-Makki) is still that it is
Makruh (all four Tawa'if of the school, al-Nawawi and al-Rafi'i, Ibn Hajar
and al-Ramli, including Shaykh al-Islam Zakariyya al-Ansari, concur on this
hukm)--and if someone wants to follow the qawl and position which says that
it is Haram to shave, then yes by all means please do so, but know that
that person is following the 'alternative position', and one must not,
therefore, censure others for following the well-accepted position of the
school. Furthermore, that when one does that, one is intending to follow
the stricter position, and doing so out of Wara' and doing what is better
(and better still to keep to oneself), but, the minimum fiqhi position for
'amal and ta'lim, for practice and instruction, is still, as far as the
Shafi'is are concerned, that I'fa' wa Tawfir al-Lihya [leaving or keeping
the beard] is Sunna or recommended, not Wajib, while Halq al-Lihya [shaving
or removing the beard] is Makruh, not Haram. The fiqh ruling is always
easy, the difficulty is always with its adab; fiqhi works and judgements
are always dry save with its close companion, Tasawwuf. It could be,
therefore, that one may be conflating the minimum ruling (its fiqhi ruling)
with the optimal ruling (its adab/tasawwuf judgement).
In the case that your teachers have raised those objections, then it would
only be appropriate for us as students to think the best of our teachers in
return (and hasten to remember the service they have rendered to us - no
matter how small - and the big debt we will owe them in the hereafter), and
to assume (without asking them) that they are in fact taking the way of
caution that is beyond the fiqhi ruling; after that, if any conflicting
issues remain, then as students, it is only right that we make ta'wil and
interpret their confusing statements in order to do what students are
expected to do in this situation, to prevent mukhalafa al-qulub (between
the student and teacher)--doing all of this on account of acknowledging our
ignorance, iftiqar and weakness on our part, and our inability to
understand the wisdom behind what they were saying.
To sum up, yes, for us, legally, "the beard is only that which grows on the
chin and so there is no karaha in shaving everything else." It is
well-known that the Shafi'is hold the most lenient position concerning the
beard. Dhaqan or what grows on the chin is the real or 'legal' beard, while
what grows on the 'aridan or lateral hairs is the pseudo-beard. (That explains
why the pseudo-beard is to be treated like the lihya during the wudu',
despite the fact that they are, legally, two different things.) The fiqhi
ruling that it being Makruh to remove in any way, applies only to what is
the legal minimum, namely, the lihya and not to any of the 'arid.
On this note, I think it appropriate that we end with the following wisdom
of our 'ulama al-'amilin:
rahmatu l-ummati fi ikhtilafi l-a'immati
[The Umma's mercy is in the khilaf of the Imams].
May this be of benefit, wallahu wa-rasulu ahkam bi-s-sawab!
Your weak brother,
Muhammad Afifi al-Akiti ©
Oxford
16 Rabi' II 1424
17 VI 2003
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